Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11769
SECOND DIVISION Docket No. 11677
89-2-88-2-193
The Second Division consisted of the regular members and in
addition Referee Paul C. Carter when award was rendered.
(Brotherhood Railway Carmen/ A Division of TCU
PARTIES TO DISPUTE:
(Northeast Illinois Regional Commuter Railroad
( Corporation
STATEMENT OF CLAIM:
1. That the Northeast Illinois Railroad Corporation did unjustly and
in violation of the Agreement, suspended Coach Cleaner Tyrone Z. Buckner from
service from January S, 198$ through February 4, 1988.
2. That the Northeast Illinois Railroad Corporation be ordered to compensate Coach Cleaner Tyrone Z. Buckner for all lost time as result suspension.
3. That the Northeast Illinois Railroad Corporation be ordered to reimburse Coach Cleaner Tyrone Z. Buckner for any benefits he may have lost as
result of his unjust suspension.
4. That the Northeast Illinois Railroad Corporation be ordered to pay
Coach Cleaner Tyrone Z. Buckner interest at the 12% rate per annum for any payment he may receive as result of this claim.
FINDINGS:
The Second Division of the Adjustment Board upon the whole record and
all the evidence, finds that:
The carrier or carriers and the employe or employes involved in this
dispute are respectively carrier and employes within the meaning of the
Railway Labor Act as approved June 21, 1934.
This Division of the Adjustment Board has jurisdiction over the
dispute involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
The record shows that Claimant, employed by the Carrier as Coach
Cleaner, was sent a letter dated December 2, 1987, to appear for a Hearing on
December 10, 1987, for alleged violation of Carrier's Rule "G". The rule
cited as allegedly violated is set forth in the record and will not be repeated here. On December 17, 1987, Claimant was assessed discipline of thirty
calendar days suspension.
Form 1 Award No. 11769
Page 2 Docket No. 11677
89-2-88-2-193
The Board has carefully considered the entire record in the dispute
and does not find that substantial evidence was adduced by the Carrier to warrant the discipline assessed.
The Claim will be sustained except we find no proper basis for Part
4. There is no provision for the payment of "interest at the 12% rate per
annum."
A W A R D
Claim sustained in accordance with the Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
'0
AW
Nancy J. ev:9f - Executive Secretary
Dated at Chicago, Illinois this 27th day of September 1989.